Assembly Bill No. 226–Assemblymen Angle, Berman,
Cegavske, Hettrick, Lee and Price

 

February 22, 2001

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Joint Sponsor: Senator Washington

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Referred to Committee on Education

 

SUMMARY—Makes various changes relating to pupils who engage in disruptive behavior. (BDR 34‑88)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to education; prohibiting an employee or agent of a school district from taking certain actions with regard to pupils who engage in disruptive behavior; authorizing certain employees of a school district to take certain actions with regard to pupils who engage in disruptive behavior; requiring a principal to take certain actions to encourage use of methods for managing pupils who engage in disruptive behavior that do not involve medication; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 392 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  A person who is an employee or agent of a school district shall

1-4  not:

1-5    (a) Suggest to a pupil or to a parent or guardian of the pupil that the

1-6  pupil should take a psychotropic drug unless the person is a physician;

1-7  and

1-8    (b) Unless by order of a physician, prohibit a pupil from attending

1-9  class unless the pupil takes a psychotropic drug.

1-10    2.  If a principal, teacher, school nurse or counselor or psychologist

1-11  employed by a school district believes that a pupil engages in disruptive

1-12  behavior, he may:

1-13    (a) Discuss the specific behavior of the pupil with a parent or legal

1-14  guardian of the pupil without making or suggesting a diagnosis;

2-1    (b) Direct the parent or legal guardian of the pupil to sources of

2-2  information about children with behavioral problems;

2-3    (c) Recommend to the parent or legal guardian of the pupil that the

2-4  pupil be examined by a physician; and

2-5    (d) Recommend to the parent or legal guardian of the pupil that the

2-6  pupil be placed in a program of alternative education.

2-7    3.  A principal shall encourage:

2-8    (a) Teachers to use methods for managing pupils who engage in

2-9  disruptive behavior which can be instituted in the classroom and which

2-10  do not involve medication; and

2-11    (b) Communication and exchange of information among teachers and

2-12  other educational personnel, parents and medical professionals

2-13  concerning:

2-14      (1) The effects of psychotropic drugs on the ability of a pupil to

2-15  perform well in school and on the tendency of a pupil to engage in

2-16  violent behavior; and

2-17      (2) Methods for managing pupils who engage in disruptive

2-18  behavior that do not involve medication.

2-19    4.  As used in this section:

2-20    (a) “Disruptive behavior” means behavior of a pupil that seriously

2-21  interferes with the ability of the teacher to teach the other pupils in the

2-22  classroom and with the ability of the other pupils to learn.

2-23    (b) “Physician” means a person who is licensed to practice medicine

2-24  as a physician pursuant to chapter 630 of NRS.

2-25    (c) “Psychotropic drug” means a drug which is generally prescribed

2-26  to children with attention-deficit hyperactivity disorder or similar

2-27  conditions and which produces a mind-altering effect in such a person to

2-28  prevent or reduce the occurrences of inattention, hyperactivity,

2-29  impulsivity or other behavioral problems. The term includes, without

2-30  limitation, drugs prescribed under the brand names of Ritalin and

2-31  Prozac.

2-32    Sec. 2.  This act becomes effective on July 1, 2001.

 

2-33  H